Stephens v. Baker & Baker Roofing Co.

Defendants appeal from (1) “Order Vacating and Setting Aside Order of Dismissal” * and (2) “Order Setting Aside Portion of Order of Dismissal.” †

Question Presented

Was there an abuse of discretion in making either order?

Record

Plaintiff sued defendants for a money judgment and attached defendants’ $1,200 bank account and $3,000 due defendants from one Capabianco. The latter intervened, offering to pay that amount into court. On stipulation of the parties it was deposited with the superior court clerk “pending the determination of the action ...” After three years, the court released the…